Any accusation of genocide will be for the relevant courts to decide. False pretexts (excuses) can be identified as such. The present court order is a shot across the bow. The court is explicitly saying that the intent of genocide appears plausible at this time, and explains the reasons for that assessment. Meaning that Israel will have to show with their actions if they want to turn it implausible.

Its not really a loop hole but kind of the main intention of the law.

Too many civilian deaths is for war crimes & crimes against humanity, not the crime of genocide.

I don't think it's really a loophole. For example, the Nazis could not possibly claim that the people they killed in death camps were merely collateral damage.